UNIVERSITY  OF  CALIFORNIA 
LOS  ANGELES 

DEC    71962 


LIBRARY 
^Circular  No.  218.GCVT.   PUBS.    ROOM 

ADDITIONAL  ENTRIES  UNDER  THE  ENLARGED  HOMESTEAD 
ACTS— INSTRUCTIONS. 


Department  of  the  Interior, 

\  General  Land  Office, 
Was/ungto7i,  D.  C,  31  arch  17,  1913. 

Registers  and  Receivers,  United  States  land  ofires,  Arizona,  Cali- 
fornia, Colorado,  Idaho,  Montana,  Nevada,  New  Mexico,  North 
Dakota,  Oregon,  Utah,  W ashingtcni,  and  Wyoming. 
Sirs  :  For  your  information  there  is  hereto  appended  a  copy  of  the 
act   of   Congress  approved   February   11.   1013    (Public,   No.   369), 
amending  sections  3  and  4  of  the  acts  of  FeJbruary  19.  1909  (35  Stat.. 
639),  and  June  IT,  1910  (36  Stat.,  531).  providing-  for  enLarged  home- 
steads.    The  amendatory  act  in  no  way  affects  entries  made  under 
section  6  of  either  of  the  enlarged  homestead  acts. 

The  area  required  to  be  cultivated  is  reduced  to  one-sixteenth  of 
the  area  embraced  in  the  entry  beginning  with  the  second  year  of 
such  entry  and  one-eighth  of  the  area  beginning  with  the  third  year, 
thus  carrying  into  the  enlarged  homestead  laws  the  reduction  of 
cultivation  effected  by  the  three-year  homestead  law  of  June  6.  1912 
(37  Stat.,  123)..  As  i^rovidecl  by  the  latter  act  the  cultivation  of  at 
least  one-eighth  must  be  continued  up  to  the  time  proof  is  submitted. 
A  pei"Son  who  has  made  original  entry  under  section  2289  of  the 
Revised  Statutes  and  subsequently  an  additional  entiy  under  section 
3  of  the  enlarged  homestead  acts  may  make  proof  under  either  of 
the  following  conditions : 

CULTIVATION. 

(1)  By  showing  compliance  with  the  requirements  of  the  law  apr 
plicable  to  his  original  entry,  and  that  after  the  date  of  additional 
entry  he  cultivated,  in  addition  to  such  cultivation  as  was  relied  upon 
and  used  in  perfecting  title  to  the  original  entry,  an  amount  equal  to 
one-sixteenth  of  the  area  of  the  additional  entry  for  one  year  not 
later  than  the  second  year  of  such  additional  entry,  and  one-eighth 
the  following  year  and  each  succeeding  year  until  proof  is  submitted. 
The  cultivation  in  support  of  the  additional  entry  may  be  maintained 
upon  either  entry. 

(2)  When  proof  is  submitted  on  both  entries  at  the  same  time,  by 
showing  the  cultivation  of  an  amount  equal  to  one-sixteenth  of  the 
combined  area  of  the  two  entries  for  one  year,  increased  to  one-eighth 
the  succeeding  year,  and  that  such  latter  amount  of  cultivation  has 
continued  until  offer  of  proof.  If  cultivation  in  these  amounts  can  be 
shown,  proof  may  be  submitted  Avithout  regard  to  the  date  of  the 

83713°— 13 


additional  entry,  i.  e.,  the  required  amount  of  cultivation  may  have 
been  performed  in  whole  or  in  part  on  the  original  entry  before  the 
additional  entry  Avas  made,  and  proof  on  the  additional  need  be  de- 
ferred only  until  the  showing  indicated  can  be  made.  Such  combined 
proof  may  be  submitted  not  later  than  seven  years  from  the  date  of 
the  original  entry. 

RESIDENCE. 

In  instances  where  proof  is  first  made  on  the  original  entry  meeting 
the  requirement  of  the  homestead  law  respecting  residence,  no  further 
showing  in  this  particular  will  be  exacted  in  making  proof  upon  the 
additional  entry:  neither  will  a  period  of  residence  be  exacted  in 
proof  upon  the  combined  entry  in  excess  of  that  required  under  the 
original  entry. 

PROOF  SUBMITTED  PRIOR  TO  FEBRUARY  11,  1913. 

Proofs  heretofore  submitted,  and  which  have  not  been  acted  upon, 
will  receive  cxmsideration  under  the  provisions  of  this  act  and  the  act 
of  June  6.  19l!2. 

"N^Hiere  proofs  have  been  heretofore  submitted,  but  were  rejected 

solely  because  compliance  with  the  requii"ements  of  the  law  did  not 

continue  for  the  required  period  after  the  date  of  the  additional  entry, 

apjalications  for  reconsideration  will  be  entertained  if  seasonably  filed. 

A'ery  respectfully. 

Fred  Dennett,  Comndstiioner. 
Approved : 

Lewis  C.  Laylin, 

Assistant  Seci'etary. 


(llffl^S.^.  REGjONAL  LIBRARY  FACILITY  ^^}'^ 

YRL 


AA    000  622™  7  0Q/1^I737£ 


[Public,  No.  mo.] 
AN  ACT  To  amend  an  act  entitled  "An  :i<t  to  pi-ovide  for  an  enlarged  homestead." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled.  That  sections  three  aud  four  of  the  act 
entitled  "An  act  to  provide  for  an  enlarged  homestead."  approved  February 
nineteenth,  nineteen  hundred  and  nine,  and  of  an  act  entitled  "An  act  to  provide 
for  an  enlargetl  homestead."  approved  June  seventeenth,  nineteen  hundred  and 
ten,  be,  and  the  same  are  hereby,  amended  to  read  as  follows: 

"  Sec.  3.  That  any  homestead  entryman  of  lands  of  the  character  herein 
described,  upon  which  entry  final  proof  has  not  been  made,  shall  have  the  right 
to  enter  public  lands,  subject  to  the  provisions  of  this  act,  contiguous  to  his 
former  entry,  which  shall  not,  together  with  the  original  entry,  exceed  three 
hundred  and  twenty  acres. 

"  Sec.  4.  That  at  the  time  of  making  final  proofs,  as  provided  in  section 
twenty-two  hundred  and  nine:ty-one  of  the  Revised  Statutes,  the  entryman  under 
this  act  shall,  in  addition  to  the  proofs  and  affidavits  required  under  said 
section,  prove  by  two  credible  witnesses  that  at  least  one-sixteenth  of  the  area 
embraced  in  such  entry  was  continuously  cultivated  for  agricultural  crops  other 
than  native  grasses  beginning  with  the  second  year  of  the  entry,  and  that  at 
least  one-eighth  of  the  area  embraced  in  the  entry  was  so  continuously  culti- 
vated beginning  with  the  third  year  of  the  entry:  Provided,  That  any  qualified 
person  who  has  heretofore  made  or  hereafter  makes  additional  entry  under  the 
provisions  of  section  three  of  this  act  may  be  allowed  to  perfect  title  to  his 
original  entry  by  showing  compliance  with  the  provisions  of  section  twenty-two 
hundred  and  ninety-one  of  the  Revised  Statutes  resiiecting  such  original  entry, 
and  thereafter  in  making  proof  ujion  his  additional  entry  shall  be  credited  with 
residence  maintained  upon  his  original  enti'y  from  the  date  of  such  original 
entry,  but  the  cultivation  required  upon  entries  made  under  this  act  must  be 
shown  respecting  such  additional  entry,  which  cultivation,  while  it  may  be 
made  upon  either  the  original  or  additional  entry,  or  upon  both  entries,  must 
be  cultivation  in  addition  to  that  relied  upon  and  used  in  making  proof  upon 
the  original  entry;  or.  if  he  elects,  his  original  and  additional  entries  may  be 
considered  as  one,  with  full  credit  for  residence  upon  and  improvements  made 
under  his  original  entry,  in  which  event  the  amount  of  cultivation  herei  i 
required  shall  apply  to  the  total  area  of  the  combined  entry,  and  proof  may 
be  made  upon  such  combined  entry  whenever  it  can  be  shown  that  the  cultiva- 
tion required  by  this  section  has  been  i^erformed;  and  to  this  end  the  time 
within  which  proof  must  be  made  upon  such  combined  entry  is  hereby  extended 
to  seven  years  from  the  date  of  the  original  entry:  Provided  further.  That 
nothing  herein  contained  shall  be  so  construed  as  to  require  residence  upon  the 
combined  entry  in  excess  of  the  period  of  residence  as  required  by  section 
twenty-two  hundred  and  ninety-one  of  the  Revised  Statutes." 

Approved,  February  11,  1913. 

o 


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